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On the Docket: Other Cases

Case Name: American Ins. Ass'n v. U.S. Dep't of Housing and Urban Dev.

Court: U.S. Dist Ct. D.C.  Docket: 13-cv-00966-RJL

Read AARP's Amicus Brief (PDF)

Case Issue: Does HUD's final rule, "Implementation of the Fair Housing Act's Discriminatory Effects Standard," violate the Fair Housing Act (FHA) because it allows plaintiffs (1) to show disparate impact only by demonstrating a statistical disparity and (2) displace challenged policy choices without showing theirs are at least as effective? Does the FHA preclude the application of the Rule to homeowner insurers specifically because (1) the Rule "pervasively injects" race into what was a previously "race-blind" process and (2) insurance law requirements break the causal chain between the alleged discriminatory acts and the injury claimed by plaintiffs?

Case Name: Andino v. Middleton (Voting Rights)

Court: U.S. Supreme Court Docket: 20A55

Read AARP Brief (PDF)

Decided: 10/5/2020

Case Result: Granted stay of order of U.S. District Court for the District of South Carolina enjoining enforcement of SC’s rule requiring absentee ballot voters to obtain the signature of a witness (eligible voter or notary) to cast their ballot. Effectively resolves case in favor or applicants-defendants as no further relief is likely before November 3 election.

Case Name: Brown v. District of Columbia 

Court: U.S. Dist. Ct. D.C.   Docket: 10-02250

Filed: 8/13/2019

Case Issue: Does the District of Columbia have an adequate Olmstead plan in place? If not, is it unreasonable for the Court to demand that it provide transition services to all people in nursing facilities who want to move to the community and make public report about its commitment to deinstitutionalize nursing facility residents?

Case Name: Brown v. District of Columbia (Litigation Appeal)

Court: U.S. Ct. App. D.C. Cir.    Docket: 17-7152

Decided: 7/5/2019

Read  Announcement, Opening Brief (PDF), Appellant's Reply Brief (PDF) and Opinion (PDF)

Result: The D.C. Circuit Court found that the lower court erred by not requiring that D.C. prove that it cannot place Plaintiff class into the community from nursing facilities. The case was remanded to the trial court  where D.C. must now prove that it has an effectively working Olmstead plan or prove that it cannot reasonably serve our client in the community.

Case Name: Cooper v. Senior Citizens Housing of Ann Arbor

Court: U.S. Dist. Ct. ED Mich.   Docket: 18-cv-12448-MAG-MKM

Settled: 7/24/2019

Read Complaint (PDF) Joint Press Release and Press Release (PDF) 

Case Issue: The parties reached an amicable settlement in which Lurie Terrace removed the "able to live independently" requirement from its lease and adopted model policies and practices to prevent disability discrimination and guarantee that reasonable accommodations will be available to tenants.

Case Name: Cummings v. Premier Rehab Keller (Disability Rights)

Court: U.S. Ct. App. 5th Cir.  Docket: 19-10169

Decided: 3/24/2020

Read AARP's Amicus Brief  (PDF)

Case Result: Rehearing en banc denied.

Case Name: Fair Housing Justice Center v. Hochul

Court: U.S. Dist. Ct. NY (Southern Dist.) Docket: 18-civ-3196

Read Complaint (PDF), Press Release filing (PDF) Opposition Brief (PDF), Settlement Agreement (PDF) Press Release settlement

Case Issue: Does a blanket prohibition barring users of wheelchairs from living in Adult Care Facilities regulated and funded through New York State's Department of Health violate the Fair Housing Act, the ADA, and other civil rights laws?

Case Name: Francis v. Kings Park Manor

Court: U.S. Ct. App. 2d Cir.  Docket: 15-1823

Decided: 3/25/2021

Read AARP's Amicus Brief  (PDF) and Decision (PDF) Dissent/Concur Decision 1Dissent/Concur Decision 2 (PDF)

Case Result:  The en banc court concluded that plaintiff did not state a claim against the landlord-defendant under the FHA for tenant-on-tenant racial harassment in this case because the landlord could not be presumed to have the degree of control over the tenant necessary to impose liability under the act. Second Panel decision was vacated and decision below was affirmed.

Case Name: Francis v. Kings Park Manor

Court: U.S. Ct. App. 2d Cir.  Docket: 15-1823

Read AARP's Amicus Brief (PDF) and Decision (PDF)

Case Result: The second circuit held that a landlord may be held liable under the Fair Housing Act and the New York State Human Rights Law for failing to take prompt action to address a hostile housing environment created by one tenant targeting another based on a protected class, like race, where the landlord knew of the harassment and had the power to correct it.

Case Name: GGNSC Chestnut Hill v. Schrader (Arbitration)

Court: Mass. Supreme Judicial Ct.  Docket: SJC-12714

Decided: 2/27/2020

Read AARP's Amicus Brief  and Decision (PDF)

Case Result:  The Court held that wrongful death actions in Massachusetts are derivative of a decedent's claims, and therefore a decedent's agreement to arbitrate can be enforced against her beneficiaries. 

Case Name: GGNSC Chestnut Hill v. Schrader (Arbitration)

Court: U.S. Ct. App. 1st Cir.   Docket: 18-1779

Filed: 2/26/2019

Read AARP's Amicus Brief 

Case Issue: In Massachusetts, can an arbitration agreement between a nursing facility and a deceased resident be enforced against the resident's next of kin who files a wrongful death suit against the facility?

Case Name: Jarman v. HCR Manorcare (Healthcare)

Court: Cal. Supreme Court    Docket: NS241431

Decided: 8/17/2020

Read AARP's Brief (PDF) and Decision (PDF)

Case Result: The California Supreme Court reversed and remanded the case to the district court. It held that California Health and Safety Code Section 1430(b) allows for a maximum award of $500 in statutory damages per lawsuit, rather than $500 for each violation of the statute.

Case Name:  Merrill v. People First of Alabama  (Voting Rights)

Court: U.S. Supreme Court Docket: 20A67

Read AARP Brief (PDF)

Decided: 10/21/2020

Case Result: Granted stay of September 30 Order of the U.S. District Court for the Northern District of Alabama, after an evidentiary hearing, enjoining enforcement of the AL Secretary of State’s de facto ban on local election officials offering the option of “curbside voting” for the general election November 3, 2020. 

Case Name: Moreheart v. Southern California Edison (Access to Courts)

Court: Supreme Court of California Docket: S264970

Decided: 12/9/2020

Read AARP Letter Brief (PDF)

Case Result: The California Supreme Court denied review. 

Case Issue:  Does California Code of Civil Procedure section 36(a), mandating trial preference for elderly and infirm plaintiffs, apply in JCCP coordinated proceedings?

There are thousands of victims of California’s massive fires that have sued utility companies. Are gravely ill elderly litigants entitled to statutory trial preference when they are part of a coordinated proceeding that involves thousands of other litigants?

Case Name: Moretalara v. Boston Housing Authority

Court: Commonwealth of Mass., Appeals Ct.  Docket: 22019-P-1024

Decided: 9/17/2020

Read AARP's Amicus Brief (PDF) and Decision (PDF)

Case Result: The court held that fair housing obligations, including the obligation to reasonably accommodate tenants with disabilities, override the strict liability nature of Section 8 rental assistance lease provisions holding tenants accountable for drug-related criminal violations of any member or guest of the household. In this case, the court found that the tenant had proven that her disability prevented her from controlling her caregiver who had violated the lease and that her accommodation of relying on a different caregiver, which had been successful during the appeal, was reasonable.

Case Name: Mt. Holly Gardens Citizens in Action v. Twp. of Mt. Holly

Court: U.S. Ct. App. 3d Cir.

Read Summary 

Case Result: Evidence in pre-trial motions established a prima faciecase of disparate impact discrimination on the basis of race and national origin under the Fair Housing Act.

Case Name: MW & Am. Diabetes Ass'n v. U.S. Dep't of the Army

Court: U.S. Ct. App. 9th Cir.  Docket: 18-15242

Filed:  6/29/2018

Case Issue: Does a large entity engaged in legal advocacy incur an "injury-in-fact"-- required by Article III of the U.S. Constitution to establish "organizational standing"--by virtue of a single contact between the organization's legal advocacy staff and parents complaining about a matter affecting the group's organizational mission?

Case Name: NAACP Minnesota-Dakotas Area State Conference v. Simon (Voting Rights)

Court: U.S. Dist. Ct. Minn.  Docket: 62-CV-20-3625

Decided: 9/18/2020

Read Amicus Brief (PDF), Order on Motions (PDF), Stipulation and Consent Decree (PDF), Stipulation and Consent Decree 2 (PDF), Press Release

Case Result: Trial Court issued orders approving settlement of witness requirement and absentee ballot mailing issues also, settlement of witness signature issue was a total victory as the Secretary of State (SOS) agreed to waive enforcement of the requirement for the November 3 election. The settlement of the absentee ballot mailing issue was a partial victory as the SOS agreed to mail absentee ballot applications, rather than absentee ballots themselves, to all registered voters in the State. 

Case Name: O'Connor v. Eden Management

Court: U.S. Dist. Ct. ND Ill.     Docket: 13cv7391

Read Summary and Complaint (PDF)

Case Issue: Is it a violation of Fair Housing Act, ADA, and Section 504 to deny housing to a person who has a history of mental illness?

Case Name: Org. for Black Struggle v. Ashcroft (Voting Rights)

Court: U.S. Dist. Ct. WD Missouri Docket: 20-4184-BCW

Read AARP Brief (PDF)

Filed: 10/1/2020

Case Issue: Does the Materiality Provision of the 1964 Civil Rights Act bar rejection of absentee ballots for trivial defects and do the U.S. Constitution’s guarantees of Due Process and no undue burden being imposed on voting forbid such rejection, in the circumstances of the COVID-19 crisis, absent  an opportunity to cure such defects without exposure to serious illness due to the coronavirus, because of a requirement that absentee ballot envelope defects must be corrected in-person? 

Case Name: People First of Alabama v. Merrill (Voting Rights)

Court: U.S. Ct. App. 11th Cir. Docket: 20-13695-B

Read AARP Brief (PDF)

Filed: 10/6/2020

Case Issue: Do the First and Fourteenth Amendments to the U.S. Constitution justify a district court order (i) enjoining the Alabama Secretary of State from barring local election officials from choosing to provide “curbside voting” for voters medically vulnerable to COVID-19 infection, including older voters and persons with disabilities such as diabetes and (ii) enjoining local election officials from enforcing State law requiring absentee voters to include a copy of their photo ID with their absentee ballot? 

Case Name: Stewart v. Azar  (Healthcare)

Court: U.S. Ct. App. D.C. Cir   Docket: 19-5095, 19-5097

Read AARP's Amicus Brief (PDF)

Case Result: The Fifth Circuit granted the Commonwealth of Kentucky's motion to voluntarily dismiss the appeals of the district court's decision vacating the U.S. Department's approval of its Section 1115 Medicaid waiver.

Case Name: Stewart v. Azar  (Healthcare)

Court: U.S. Dist. Ct. D.C.    Docket: 1:18-cv-152 

Read AARP's Amicus Brief (PDF), Opinion (PDF), Blog, Amicus Brief (Jan 24, 2019)

Case Result: The Court vacated the federal government's reapproval of Kentucky's section 1115 waiver and remanded the application back to the agency. The Court then stayed its decision pending appeal.

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